Information Builders is the first defendant to achieve a full settlement agreement with Juxtacomm letting them out of the data integration trial of the century.

You can find a history of this case and all my previous posts by scrolling to the bottom of this entry.

Here is the Pacer filing:

Case 2:07-cv-00359-LED Document 457 Filed 02/09/2009

Plaintiff JuxtaComm Technologies, Inc. ("JuxtaComm") and Defendant Information Builders, Inc. ("Information Builders") hereby stipulate that they have reached an amicable resolution of all claims between them in this lawsuit. Therefore, JuxtaComm agrees to withdraw in its entirety, as to Information Builders only and no other Defendants, its request for leave to amend its infringement contentions as to Information Builders products, as set forth in Sealed Exhibit No. 41 (Docket No. 404), which is cited in Plaintif's Motion for Leave to Amend Infringement Contentions (Docket No. 403).

The details of the settlement may remain forever sealed to make sure other defendants do not try to use it in the court case or settlement negotiations.

That doesn’t stop me from wild speculation. I would estimate a settlement in the order of $20 million dollars with Information Builders avoiding ongoing license fees by offering cross licensing and cross patent agreements so that Teilhard Technologies (owners of Juxtacomm) can put some Information Builders stuff into the emerging Purus Technologies suite. I don’t think Teilhard Technologies really care a lot about ongoing licensing of these small to medium fish since they have half a dozen big fish dangling on the fishing line and hundreds more companies to sue if they succeed in this case in November of this year. Information Builders would want to avoid ongoing licensing so they can remain competitive against the open source vendors who give customers similar (but less mature) software without an upfront license fee but with ongoing optional maintenance costs.

These open source data integration vendors should be watching this case closely – their time may also come and they have less funds for fighting off patent infringement cases.

"I was also told I was going to be paid within 60 days...years ago. Kirk, although you are correct in your points, I'm also sure that TH management knew they had something worth a lot more than the typical case that AG would take on normally. I would like to think they worked out a deal that paid out less than 40%, but I have been surprised by less from TH in the past.

Having said that, I think any math calculations of what shareholders will receive based on settlement amounts will lead to disappointment, as people are normally greedy. The only people that know for sure what we will receive are board members...and they BETTER NOT leak percentages. Could you imagine the benefit that would give other companies that haven't settled as of yet?

The theme of patience is continually repeated in posts on this forum. I think everyone should take that advice, especially given how patient some shareholders have been. Once the cheque's start rolling in, cash them happily, and as difficult as it has been for some people, enjoy the silence. (Me being one of those people) "

You give me the awful impression that you have not read any of the arguments in this case. You even say, extraordinarily so, ""and the ridiculousness of this patent"" and ""only tears for you guys"". - you are using a fallacy of false cause for your argument. This is as intellectually void as saying ""our team will prevail because god is with us""

"I'm new to this game. But have listened and watched Teilhard for this supposed ""windfall"".. for 3 years..or another 60 days,and another 60 days..etc...
So tell me,is this going to trial in November FOR SURE??..and will there be any dividends paid out between now and then??..for every $1000 invested,how much can we expect to see??
My source keeps telling me to hang in..but I'm sinking fast,and can't hang on much longer "

"Vincent,
any chance you might finish your sentences?? as in ""a blog post will follow.""what??...in 2 days 2 weeks...what? Don't be posting that in the evening up here, some of us stay up all nite waiting to hear. Hopefully you haven't been affected by the fires down there. "

OK I'm sitting on my hands and waiting like a kid on a date - what's the news ??? Did the Judge side with TH or those very bad guys ???
RMB
Need the loot to buy a flat in Portugal/Spain/Ireland. Not all of them just one. Yikes

Sunstein estimates that recovery would have to be at least $15 million, and closer to $25 million, in order to justify taking a patent case on a contingent fee basis.
If somebody has a good case, even an excellent case, the prospects are daunting, he added.
If you sue Microsoft, they don't take it lying down. They bring out an army. Second, there are only two or three jurisdictions where you can get a trial in a year and a half. Against a big company, they'll litigate you to death, so the actual investment by the law firm is huge.

One option is a straight contingent fee based on the recovery, typically 40 percent or more. A law firm may take 40 percent of the recovery and pay the expenses, or it might take 35 percent of the recovery and have the client guarantee the first $1 million in expenses.

So it's possible that as much as 40% of settlement will go to Akin Gump. Surely as shareholders you were told how much of the settlement will disappear in fees and expenses. "

"The first filing from Markman is in, the preliminary order containing claim construction signed by the judge, I'm just cross matching it to the original claim construction from each party to see who ""won"" the Markman shoot out. A blog post will follow. "

"kirk,
your cracked in the head or on crack. What did you think, this was a pro bono case for A/G? or maybe they'd take a post dated cheque? tell us how you know all the inner workings, a performance based salary on top of base pay? So how'd the base pay get paid up till now? Save me the trouble and slap your own face you idiot. As to the directors, if they get a bonus whats that to us? Its not like they're ""hogging"" the $$ and leaving nothing left. I understand that its legal or else the directors would be involved in some criminal action and that seems very doubtful. I missed the mention of the 25% difference between what they're paying and what the canadian dollar is at. Lastly, how did every one miss imrembie's post. I think it HIGHLY likely that one of the big boys makes an offer to buy the company, it only makes sense. Pay a big amt., and recover the amount you paid by licensing your competition or actually putting them outa business by refusing the license! Except we lose the cash cow! "

"So after all this time, we have something. Piddly I think is what we call this (at least from the perspective of what we all want out of our investment). So, we are at something close to the magic 20 cents first round number. Well 20 cents- less what gets taken off the top of Information Builders with a bit coming from the other 4.
I have two numbers ready to go on the next round- post 1, pre- official round 2 and official round 2 of mediation. I will know once the MH information is released as to what to expect. Wanna know?

Stephane old chum, you Loveable Liberal you, I join in to the ""where are they now"" camp. What are you up to? We know deep down you are one heck of a fella and play a mean Kyotoccordian at parties. Hef, can he join in? "

"Not just wind blowing thru this cold leafless bush - The birdie in my nest says that the big fish wants to bite the big worm on AG's hook but the crafty fisherman, wants no part of the catch and release game, and has every intention of frying up fresh filets to prove that this is no game. The nets have been cast, and the small fish will settle but the big ones will be made an example of. Of course this could just be a whispering shinook, but time will soon tell.
The disco ball is spinning at hefs mansion. "

"Ok, so as Vincent says ""The details of the settlement may remain forever sealed to make sure other defendants do not try to use it in the court case or settlement negotiations."" How &/or when do we eventually find out what the settlement details are? Dividends or not? etc. "

"So team Snagglepuss exited stage left. Da Hoes are comin' in the front door to Hef's place, unless he is looking for us to come in through the servant's entrance to the Grotto. If there is a lot of hoidy-toidy goin' on better keep us in the kitchen.

Lots of interesting posts- thanks Remington Steel. There is also a lot of speculation, aren't we all getting a bit excited. TH'ers have been excited for quite some time. No shortage of rah rah or letting the good times roll. It may not have been a liquidity event in 60 days, but they must have been certain that the day was coming based on their actions.
Just keep the announcements rolling, we can all have fun guessing what it will add up to.
Hey what happened to that Liberal fella? The Jamaican? "

"For all those following this blog, you'll notice that the threads continue to change...as new developments arise. That said, I wanted to post Steelhard's comments here in this thread...I just came across them this afternoon. Thanks Steelhard.

....

Info Builders were the first to settle but the other four should be close behind. As for $20M guess, I would say let's have this play out and see how many settle between now and before the judge comes back with his MH preliminary judgment. Remember that the judge asked if the plaintiff and defendants want a preliminary judgment and both sides said yes.

That means that the judge will render a decision faster (maybe in as early as a week following MH) that will give his ""down and dirty"" findings on each claim in the claims construction without being as in-depth in his rulings if a preliminary ruling was not requested. Without preliminary ruling the judge could have taken maybe 3 or 4 weeks, but there should be results much faster now with the pj.

Second point- I would not expect TH to be posting any comments to shareholders or posting any news too soon, and I am sure that A-G has put very tight clamps on any and all info. There are more defendants in the mix still to settle, provided MH goes positively, and larger fish than the ones so far, so companies want this done as discreetly as possible. It is prudent for TH to stay quiet, and I agree with their action so far. Gloating, aside from shareholders on this blog that have been pent up for years is ok, but not in a domain that could put the ease of future settlements at risk. Have a beer, light up a good cigar, whatever, but do not expect TH to be gloating right now because they cannot- with a dozen companies still to settle and 200+ more in the wings, let's trust that A-G and TH's management have been doing a good job so far.

I would not be surprised to receive some day via mail, over the near term (30-45 days max?) a ""liquidity event"" with very little explanation. It is the nature of the beast when you have a long line of defendants to go after and being discreet is key. This silence could change, however, if any of the defendants decide to go to trial and the media get their hands on this case- unless all sides agree to have a gag order in place to facilitate the possibility of settling right up to trial, which is also a possibility.

So let's give TH the benefit of the doubt for being very quiet and saying nothing right now, as it is so critical to not put any future settlements at risk. Be patient, be confident and be happy- there has been zero negative news this month to warrant otherwise! We have a solid case by the looks (30% of companies settling before MH is very good) and an excellent law firm in A-G. Simply be patient and things will work out. "

"Ima,
I think you're on the right track. If all defendants used the same information and collaborated on the defence end of things, why would the 5 companies that have ""agreed in principle"" agree to anything, if it was a slam-dunk to win. If the information was so good for IBM and the rest of the big boys, no company would have settled, considering the sharing of defence info. Just my thoughts.
"

"I talked to my business partner - he'll like that - last night and he thinks it is just a formality. IBM and the others will throw whatever it takes right now to slow things up. He doesn't think it means a hill of beans; and he's pretty savy. Really !!! I bet until the ruling by the judge comes out they are treading water, and running out of breath. Our feet however are firmly on the shore looking at the horizon........ If I were one of the big guys - I'd start to mull over a buyout to mitigate the ultimate cost to their shareholders. Just so you don't wonder - I'm guessing about that.
RMB "